§ 6A-2-616. Procedure on notice claiming excuse.
(1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section he or she may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this chapter relating to breach of installment contracts (§ 6A-2-612), then also as to the whole:
(a) Terminate and thereby discharge any unexecuted portion of the contract; or
(b) Modify the contract by agreeing to take his or her available quota in substitution.
(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding thirty (30) days the contract lapses with respect to any deliveries affected.
(3) The provisions of this section may not be negated by agreement except in so far as the seller has assumed a greater obligation under the preceding section.
History of Section.P.L. 1960, ch. 147, § 1; P.L. 2014, ch. 528, § 43.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Part 6 - Breach, Repudiation and Excuse
Section 6A-2-601. - Buyer’s rights on improper delivery.
Section 6A-2-602. - Manner and effect of rightful rejection.
Section 6A-2-603. - Merchant buyer’s duties as to rightfully rejected goods.
Section 6A-2-604. - Buyer’s options as to salvage of rightfully rejected goods.
Section 6A-2-605. - Waiver of buyer’s objections by failure to particularize.
Section 6A-2-606. - What constitutes acceptance of goods.
Section 6A-2-608. - Revocation of acceptance in whole or in part.
Section 6A-2-609. - Right to adequate assurance of performance.
Section 6A-2-610. - Anticipatory repudiation.
Section 6A-2-611. - Retraction of anticipatory repudiation.
Section 6A-2-612. - “Installment contract” — Breach.
Section 6A-2-613. - Casualty to identified goods.
Section 6A-2-614. - Substituted performance.
Section 6A-2-615. - Excuse by failure of presupposed conditions.